HomeMy WebLinkAboutRegular Commission Meeting December 6, 2011
REGULAR MEETING COMMISSION CHAMBER
DECEMBER 6, 2011
Augusta Richmond County Commission convened at 5:00 p.m., December 6, 2011, the
Hon. Joe Bowles, Mayor Pro Tem, presiding.
PRESENT: Hons. Lockett, Guilfoyle, Mason, Smith, Hatney, Aitken, Johnson, Jackson
and Brigham, members of Augusta Richmond County Commission.
Absent: Hon. Deke Copenhaver, Mayor.
Mr. Mayor Pro Tem: --- order and I’d like Reverend Robert Fain, Pastor of the Church
of the Good Shepard, for the invocation. Please stand.
The invocation was given by the Reverend Robert Fain, Pastor, Church of the Good
Shepard.
Mr. Mayor Pro Tem: Join me in the Pledge of Allegiance.
The Pledge of Allegiance to the Flag of the United States of America was recited.
Mr. Mayor Pro Tem: Reverend Fain, on behalf of the Mayor I want to read you this. By
these present be it known that Reverend Robert D. Fain, Pastor Church of the Good Shepard is
Chaplain of the Day for his civic and spiritual guidance demonstrated throughout the community.
He serves as an example for all the faith community.
Reverend Fain: Thank you. If I’ve earned that I may have prayed a little longer.
(APPLAUSE)
Mr. Mayor Pro Tem: Madam Clerk, on to the delegations.
The Clerk:
DELEGATIONS
A. Mr. Tommy A. Lee RE: “Save Our Lakes Now” (Rescheduled from the November 15,
2011 meeting)
The Clerk: Mr. Mayor Pro Tem, Mr. Tommy Lee has requested that the item be deleted
from today’s agenda.
Mr. Mayor Pro Tem: Can I get a motion?
Mr. Johnson: So moved.
Mr. Jackson: Second.
1
Mr. Mayor Pro Tem: All if favor vote by the usual sign.
Motion carries 10-0.
Mr. Mayor Pro Tem: On to the consent agenda, Madam Clerk.
The Clerk: Our consent agenda consists of items 1-19, items 1-19. For the benefit of any
objectors to our alcohol petitions would you please signify your objection once the petition is
read. I call your attention to:
Item 2: Is a request for a retail package Liquor & Wine license to be used in connection
with the location at 3696A Peach Orchard Rd.
Item 3: Is for a Liquor license to be used in connection with the location at 990 Broad St.
The Clerk: Are there any objections to those alcohol petitions?
Mr. Russell: None noted, Madam Clerk.
The Clerk: Our consent agenda consists of items 1-19 with no objections to our alcohol
petitions.
Mr. Mayor Pro Tem: All right, can I get a motion to add or delete any items? Mr.
Administrator.
ADDENDUM
25. Approve the transfer of CDBG funds to the Dyess Park project and transfer SPLOST
funds to the Historic and Cultural Project to carry out the acquisition/demolition. CDBG
funds for Dyess Park will be available upon Commission approval; otherwise SPLOST
funding for Dyess Park will not be available until the third quarter of 2012. To expedite the
purchase of the property, funds from the Capital Projects fund balance will be transferred
to the SPLOST Project account. When SPLOST funding is received in September, 2012,
the funds will be transferred back to Capital Projects Fund Balance. (Approved by Finance
Committee November 28, 2011)
Mr. Russell: Mr. Chairman, we’ve got one item that we’d like to add to the agenda.
You’ve got that in front of you. It’s to approve CDBG funds for the Dyess Park project and to
transfer SPLOST funds. This was heard by the Finance Committee last week and past. It was it
requires a 30-day waiting period for the HUD money. We can move forward with the SPLOST
money and do that transfer without that 30 day waiting period. So if we could add and approve
rd
that today then you’ll see it again in January, on January the 3 as you move forward with that.
Mr. Mayor Pro Tem: Okay, is there unanimous consent to add? Reverend?
Mr. Hatney: Mr. Administrator.
2
Mr. Russell: Yes, sir.
Mr. Hatney: Is this the same identical request we had before?
Mr. Russell: It’s the same in Finance, yes, sir.
Mr. Hatney: It doesn’t read quite the same though because before we were under the
impression that the reason they were making the swap so that the Dyess Park project would have
this money quicker than the folks who are getting the SPLOST money would get it a little later.
But this here talks about approving it’s where as the money is approved you got to come back for
more. It’s not the same thing.
Mr. Russell: It was my understanding it was the same thing.
Mr. Hatney: It is absolutely not. It is not the same thing, no, sir.
Mr. Russell: --- bring it back then if that’s our guidance.
Mr. Hatney: Because this is not the same thing.
Mr. Lockett: Mr. Chairman?
Mr. Mayor Pro Tem: Yes, sir, Commissioner Lockett.
Mr. Lockett: It’s not unanimous.
Mr. Mayor Pro Tem: Okay.
Mr. Russell: Thank you.
(Unanimous consent is not given to add this item to the agenda)
Mr. Mayor Pro Tem: All right. Any other items to add or delete? Mr. Mason?
Mr. Mason: Thank you, Mr. Mayor Pro Tem. Nothing to add or delete, I’m just going to
register a no vote on number 5 and number 8 if I could, please.
Mr. Lockett: Mr. Chairman, same with Bill Lockett, no on five and eight.
The Clerk: Five and eight?
Mr. Mason: Five and eight, yes.
The Clerk: Okay, Mr. Mason, Mr. Lockett, you said Mr. Hatney?
Mr. Hatney: Yes.
3
The Clerk: Okay.
Mr. Johnson: And, Madam Clerk, no on eight for me.
The Clerk: No on eight for you.
Mr. Johnson: I’m fine with five.
The Clerk: I beg your pardon, you said five is okay?
Mr. Johnson: Yes, ma’am.
The Clerk: Okay.
Mr. Mayor Pro Tem: All right can I get a motion?
Mr. Guilfoyle: Motion to approve.
Mr. Mason: Second.
CONSENT AGENDA
PLANNING
1. ZA-%-210 – A request for concurrence with the Augusta Planning Commission to
approve a petition to amend the Comprehensive Zoning Ordinance for Augusta, Georgia
by deleting Section 28 (Signs) and replacing it with a revised Section 28. (Approved by the
Commission November 15, 2011 – second reading)
PUBLIC SERVICES
2. Motion to approve New Application: A.N. 11-53: request by Sandipkumar Patel for a
retail package Liquor & Wine license to be used in connection with Om World, Inc. located
at 3696 A Peach Orchard Rd. District 6. Super District 10. (Approved by Public Services
Committee November 28, 2011)
3. Motion to approve New Application: A.N. 11-56: request by Sae Shin for an on premise
consumption Liquor license to be used in connection with Blue Sky Kitchen located at 990
Broad St. District 1. Super District 9. (Approved by Public Services Committee November
28, 2011)
4. Motion to approve the Food Services Contract for the Nutrition Program with G.A.
Food Service, Inc. (Approved by Public Services Committee November 28, 2011)
5. Motion to approve MOU between Augusta, Georgia and the Augusta Convention and
Visitors Bureau regarding the Garden City Improvement Fund for Saint Sebastian Way
Landscape Improvements. (Approved by Public Services Committee November 28, 2011)
ADMINISTRATIVE SERVICES
6. Motion to approve the Director of the Housing and Community Development
Department to authorize staff to have access to the HUD Integrated Disbursement
4
Information System (IDIS) and to be designated as the certifying official for all HUD
environmental review matters. (Approved by Administrative Services Committee
November 28, 2011)
7. Motion to approve a $200,000.00 grant for the initial planning and design of the Lucy
Craft Laney Wellness Center. Funding will be provided by the Department of Housing and
Urban Development (HUD) through their Economic Development Initiative (EDI).
(Approved by Administrative Services Committee November 28, 2011)
8. Motion to approve an Ordinance to Amend the Augusta, GA Code Title One Article
Four Section 1-7-51 Relating to the Adoption of Personnel Policies and Procedures of
Augusta, Georgia; To approve edits to the Personnel Policies and Procedures Manual; To
Repeal All Code Sections and Ordinances and Parts of Code Sections and Ordinances in
Conflict Herewith; to Provide an Effective Date and For Other Purposes. This code
amendment does not address changes to the employee disciplinary appeals process nor
changes with respect to the authority of the Administrator. (Approved by the Commission
November 28, 2011 – second reading)
FINANCE
9. Motion to approve resolution creating the Doug Barnard – Dixon Airline
Redevelopment Area and Tax Allocation District Number Three – Doug Barnard – Dixon
Airline East Augusta; designating the boundaries of the Redevelopment Area and Tax
Allocation District; establishing the tax allocation increment base for the Tax Allocation
District; adopting a redevelopment plan for the area; reserving the ability to issue and sell
tax allocation bonds or obtain other financing necessary to effectuate the redevelopment of
the area; authorizing the Augusta Richmond County Commission to act as the
Redevelopment Agency to implement the Redevelopment Plan pursuant to the
Redevelopment Powers Law; and for other purposes. (Approved by Finance Committee
November 28, 2011)
ENGINEERING SERVICES
10. Motion to approve the donation of TPN 183-0-111-00-0 (aka 1768 Tamarind Way)
containing 10.80 acres to the City of Augusta for its Greenspace program and TPN 183-1-
083-00-0 (aka 2002 Pondcypress Court) containing 0.20 acres to the City of Augusta to be
combined with TPN 183-0-075-00-0, which is currently a detention pond owned by the City
of Augusta. The property being donated is currently in the ownership of Jutco, Inc.
(Approved by Engineering Services Committee November 28, 2011)
11. Motion to award change order to construction contract with L-J, Inc. in the amount of
$20,849.42 regarding the installation of new sanitary sewer and storm water mains in the
1200 Block of Broad Street. (Approved by Engineering Services Committee November 28,
2011)
12. Motion to approve and authorize the Engineering Department to 1) Accept and receive
federal financial assistance through Section 319 FY11Water Quality grant program; 2)
Submit similar future grant application when it becomes available, and 3) partner with
Southeastern National Science Academy (Phinizy Swamp Nature Park) for Public
Outreach and Watershed Restoration Activities. Also, grant authorization permitting
Augusta, GA’s Mayor the right to sign for all documentation. (Approved by Engineering
Services Committee November 28, 2011)
5
13. Motion to approve Change Number Two and Supplemental Agreement Two (CPB
#325-041120-209825201) in the amount of $38,038.00 for the Marks Church Road
Reconstruction project to W.R. Toole Engineers, Inc. Funding is available in the project
account for the Engineering Department. (Approved by Engineering Services Committee
November 28, 2011)
14. Motion to approve mowing and maintenance agreement, encroachment permit, and
indemnity form between Augusta, Georgia and Georgia DOT for fencing off an area under
thth
the Calhoun Expressway overpass adjacent to the canal between 15 and 13 Street.
(Approved by Engineering Services Committee November 28, 2011)
15. Motion to approve the placement of a 30” tall bronze casting of fire gear on a 24” wide
x 16” wide x 36” tall black granite on a 36” x 36” deep greystone blue base to honor all
past, present and future members of the Augusta Fire Dept. at the Hero’s Overlook on
Riverwalk. (Approved by Engineering Services Committee November 28, 2011)
thth
16. Motion to approve the naming of the bridge at 5 and 7 in honor of the late Major
General Robert E. Gray. (Approved by Engineering Services Committee November 28,
2011)
17. Motion to approve the adoption of the revised Draft Hazard Mitigation Plan for
Augusta, GA. (Approved by Engineering Services Committee November 28, 2011)
18. Motion to approve the deed of dedication maintenance agreement, and road resolutions
submitted by the Engineering Department for Willhaven, Phase II, Section II. (Approved
by Engineering Services Committee November 28, 2011)
PETITIONS AND COMMUNICATIONS
19. Motion to approve the minutes of the regular meeting of the Commission held
November 15, 2011 and Special Called Meetings (regular and legal) held on November 28,
2011.
Mr. Mayor Pro Tem: All right. All in favor vote by the usual signs.
Mr. Mason, Mr. Lockett, Mr. Hatney vote No.
Motion carries 7-3. [Item 5]
Mr. Mason, Mr. Lockett, Mr. Hatney and Mr. Johnson vote No.
Motion carries 6-4. [Item 8]
Motion carries 10-0. [Items 1-4, 6, 7, 9-19]
The Clerk: Mr. Smith, you’re voting no on the consent agenda?
Mr. Smith: Oh, I thought we were talking about these.
Mr. Mayor Pro Tem: The buttons are too small.
Mr. Smith: I’ll vote yes.
6
The Clerk: You’re voting yes? Okay. That motion is unanimous for the consent agenda
with the exception of Item 5 and 8 with Mr. Mason, Lockett and Hatney voting no on Item 5 and
Commissioner Mason, Lockett, Hatney and Johnson voting no on 8.
Mr. Mayor Pro Tem: On Item 20, Madam Clerk.
The Clerk:
PUBLIC SERVICES
20. Motion to approve New Application: A.N. 11-55: A request by Eula O. Stone for an on
premise consumption Liquor, Beer & Wine license to be used in connection with the “O”
Lounge located at 2417 Milledgeville Rd. There will be Dance. District 5. Super District 9.
(No recommendation from Public Services Committee November 28, 2011)
The Clerk: Mr. Sherman or Mr. Harris?
Mr. Harris: Mr. Sherman is out sick today.
The Clerk: Okay.
th
Mr. Harris: This item was on the November 28 Public Services committee and it was
forwarded to you the regular commission today due to some complaints from the adjacent
property owner. And you directed Mr. Sherman to go out and access the situation as far as the
parking to see if there was adequate parking at this location. And he did have the opportunity to
visit the site on last week and he determined that there was adequate parking under our
regulations and we recommend that it be approved.
Mr. Lockett: Move to approve, Mr. Chairman.
Mr. Mason: Second.
Mr. Mayor Pro Tem: All in favor vote by the usual signal.
Mr. Speaker: There is opposition here.
The Clerk: Okay.
Mr. Mayor Pro Tem: I guess we’ll hear from the opposition again.
The Clerk: The objector ---
Mr. Mayor Pro Tem: Yes, ma’am, if the objector would come up and state your name
and address, please.
Ms. Speaker: It’s Ok Sun Kinsey, 2024 Dorn Street, 404 Dorn Street, Grovetown,
Georgia. It’s her home address. Now our business address is 2423 Milledgeville Road. Our
7
property is adjacent to theirs and I’m going to show you a few diagrams. First of all I want to
show you that we have a letter, this here, that’s the package shop that it’s right next door to them.
They’ve been using part of their parking, a 25-foot square of their parking, as appropriate
parking space. And here it shows right there’s a light that shows a part of their parking that they
have. They took (unintelligible) to block off part of the stops. What they’re saying is they’re
going to use the property that is behind us. And the property behind us the problem is are y’all
going to make sure they clean it up because it’s all wooded ---
Ms. Kinsey: The first place I go to complain about it at the license place at first they said
oh, they don’t have ten cars parking there (unintelligible) how are we going to give a license they
said (unintelligible). Okay, I go second time I go there they applied. What the inspector told me
that are cheap property back there and he don’t know what I talk about. You look at the end of
this place and I’m (unintelligible) twenty-five years more than twenty times they are there. They
can park in their place. The inspector told me they park on cheap property. He don’t know what
talk about he don’t know he should check it and talk about that. Anyway (unintelligible) that’s
my right. That package shop they complain about everybody. They want talk about two months.
They’re not supposed to somebody’s property. Look at it. Twenty-five a piece package shop
right there they park in their place but what is that kind of thing.
Mr. Mayor Pro Tem: Wayne, please?
Mr. Guilfoyle: One question ---
Ms. Kinsey: I don’t know ---
Mr. Guilfoyle: --- let me speak please. Building inspection went by there and looked at
it, they approved it with the number of parking spaces that’s allotted for that building for the
occupancy there.
Ms. Speaker: They told us when we went there they told us there was ten parking spaces.
They don’t because what they did is they turned around and they put blocked off part of their
parking right here because this is supposed to be part of their parking and they put a patio up out
there that goes all the way to the street.
Mr. Guilfoyle: Okay, as far as the 25-foot parking space on Mr. King’s property you can
only get two vehicles in on that 25 foot because it’s normally 11 feet per vehicle for parking
allowance.
Ms. Speaker: A 25-foot square not just 25 feet long. I mean it’s 25 feet this way, 25 feet
this way and 25 feet this way and it’s a square.
Mr. Guilfoyle: Is it going to be in competition with your business is that the reason why
we’re here?
Ms. Speaker: Oh no, no there won’t be any competition.
8
Mr. Guilfoyle: Larry, Larry could you help us out on the License and Inspection side of
it so we can?
Mr. Harris: Okay, again Mr. Sherman’s determination was based on our Comprehensive
Zoning Ordinance and it’s based the square footage of the building. The building is 3731, 3,731
square feet. If it’s a restaurant and allowance is one per 400-square feet so that would be nine
parking places. And if it’s a lounge or bar it’s one per 100-square feet which would be 37
parking places. They have total of 30+ parking places that are delineated on the left side and the
right side of the building. Plus this is one parcel owned by Mr. Cheeks. The parcel runs from
Milledgeville Road all the way back to the adjacent property which is some apartments. There’s
a business behind them that is an auto shop that does not use the same hours as the club. With
this being one particular parcel any of that parking back there can be used for their parking. And
our ordinance strictly says that if there is parking additional parking within 300 feet of the
business it can be used for parking. All they need is a continual letter stating that they can park
there. And with this parcel being owned by the same property owner that letter is a moot
question.
Mr. Mayor Pro Tem: Now what about the accusation that the property, the proposed
licensee has put a fence up in the other parking lot?
Mr. Harris: That is what they call not valet parking but private parking. It is a squared
area but that area does not affect their nine parking places on that side. If that is an issue with the
package store owner all he has to do is have his property staked and tell them that that’s his
property and they can’t put it there.
Mr. Mayor Pro Tem: What’s your pleasure, gentlemen? Mr. Mason.
Mr. Mason: Is the applicant’s here at all?
Ms. Kinsey: They don’t have ---
Mr. Mason: I just need to hear from the applicant. I just need to hear from the applicant.
Ms. Stone: My name is Eula Stone. I live at 2810 Oakland Avenue, Augusta, Georgia.
Mr. Mason: Okay, my question is this. I just have a question. I think I’m pretty clear
based on what License and Inspection has said. My only question is this. Is there in fact an area
that’s staked off that belongs, that does not belong to you?
Ms. Speaker: No, when the surveyor came out he showed us exactly where we could
park. Now he, he has, well he put it there just in case we had some problems so we wouldn’t get
in onto their property. But not there’s that little area from the package shop what she’s showing
you here that’s where we had parked some cars there but that’s not counting the parking space
that we have. We don’t even have to use that space.
Mr. Mason: Well I, I ---
9
Ms. Speaker: But that’s, but, no, that’s on Cheek’s property.
Mr. Mason: Okay.
Ms. Speaker: So that’s what the surveyor said the line was and that’s what we put in ---
Mr. Mason: I just need to make sure what we’re talking about is on your property. I’m
here to enforce whether you’re parking on their property or not. I would hope that you wouldn’t
and be courteous and good stewards of each other’s area and respectful. But I’m not here to
legislate your morality. You should be able to do that on your own. But what I am here to say is
that if you have the appropriate parking spaces as the License and Inspection have said I’m going
to support it. And I’m going to make a motion to go ahead and approve it. But at the same time
I would say just being human and being respectful of each other because it sounds like that’s
what the issue is not whether you have parking or whether you don’t but it sounds like they have
a problem with you using their area. And if in fact you are and I’m not here to figure out
whether you are or not it probably would be best for you not to so we can go ahead and move
forward with this with what we need to do.
Ms. Speaker: I’ve had somebody out there so they wouldn’t park there.
Mr. Mason: And if there’s an issue I would have it staked off, surveyor come out boom,
stake it do whatever needs to be done and make sure that you’re legitimate. From that standpoint
I wouldn’t see why we would need to sit here and babysit this particular issue.
Mr. Mayor Pro Tem: All right we’ve got the previous motion and second. If you could
clear out the previous vote, Commissioner Brigham.
Mr. Brigham: Since there’s a question about the patio, do you operate a patio outside the
lounge or near it?
Ms. Speaker: It’s a sitting area there. He has a sign out there.
Mr. Brigham: Is that area that you use for a sitting area in front of the lounge is that part
of your parking lot.
Ms. Speaker: That’s not even counting the parking lot.
Mr. Brigham: Okay. I’m just trying to get it clear in my mind. Okay, that’s what I
wanted to know.
Mr. Mayor Pro Tem: All vote by the usual signal.
Mr. Hatney abstains.
Motion carries 9-0-1.
10
Mr. Mayor Pro Tem: On to item 21 Madam Clerk.
SUBCOMMITTEE
Ad Hoc Redistricting Committee
21. Motion to approve a Resolution adopting the recommendation of the Ad Hoc
Redistricting Committee for the redistricting of Commission Districts for Augusta,
Georgia. (Requested by Commissioners Alvin Mason and Jerry Brigham)
The Clerk: Did you all receive the additional information provided by the Law
Department? Yes, I believe that’s it.
Mr. Mayor Pro Tem: Any discussion, motions anything? Commissioner Brigham.
Mr. Brigham: Well, I thought we were fixing to get a motion.
Mr. Mayor Pro Tem: Oh, are we getting it?
Mr. Johnson: Yeah, I’ll send a motion to approve.
Mr. Mayor: All right, we’ve got a motion to approve.
Mr. Hatney: Second.
Mr. Guilfoyle: Mr. Mayor Pro Tem?
Mr. Lockett: Mr. ---
Mr. Guilfoyle: I’m sorry, Mr. Lockett, go ahead.
Mr. Lockett: I was going to say, Mr. Chair, I hate to beat this thing to death but I would
like to have an opportunity to at least give a cursory look at what I’m going to vote on because I
really haven’t had an opportunity to see this.
Mr. Mayor Pro Tem: Commissioner Brigham.
Mr. Brigham: Mr. Mayor Pro Tem, after meeting with the Ad Hoc Committee and
having a long discussion about how to come up with the new districts for this county I think that
we have a plan that has been presented to us by the Ad Hoc Committee. But it’s a plan that I
have some reservations on. After long careful consideration after the fact that I believe that this
does not continue the path where we are now with the governess of this community and I think
that we either need to refer this back to the Ad Hoc Committee or either we need to disapprove
this plan. I think that the plan changes the makeup of the governess of this county. I think it also
changes the way that things have been done for the last 15+ years and the divide of the sharing of
this government. I think that this is something that needs to be reconsidered tremendously.
Mr. Mayor Pro Tem: Mr. Guilfoyle.
11
Mr. Guilfoyle: Thank you, Mayor Pro Tem. I’d like to say that this what’s before us is
just a recommendation. It’s a recommendation by the committee that we had appointed from our
commission here as well as the BOE as well as legislation as well as our Senator Hardy Davis
who compiled and spent time out of our busy schedules to compile it. But I have to look at
what’s fair and reasonable. Fifteen, sixteen years ago when we consolidated it was a majority
white and it was fair to make sure that everybody had equal representation. Now here it is
sixteen years later the tables have turned and it’s no longer equal and fair. I’m not for this I’m
not for this plan whatsoever. The Plan #2 is one I do think is very fair that got deleted. I didn’t
know if we could revive that and have it go back to Ad Hoc or do something because I don’t, I’m
not for what’s presented to us at this point.
Mr. Mayor Pro Tem: Commissioner Mason.
Mr. Mason: Thank you, Mr. Mayor Pro Tem. I’m really kind of disappointed with what
I’m hearing here today. And the hypocrisy that goes on in this commission is extremely
disappointing. The fact of the matter is this. We were selected to go with a task to get a job
done four from this commission four from the School Board and four from the state legislation.
There were at a minimum three public hearings. I was chosen as the chairman of this particular
committee and I had not heard from not one single commissioner up here who’s talking today in
terms of any issues prior to the vote or after. We gave the public an opportunity to come and
speak to any issues that we would have. In fact I don’t recall seeing a single commissioner up
here outside of the ones that was on this committee come to a single meeting. If it was that
important for you and if you weren’t going to let us do our job than you should’ve been down
there yourselves to get it done. Today is a recommendation but I’m going to disagree with you
respectfully Mr. Guilfoyle in that sixteen years ago you’re talking about consolidation. Today
we’re talking about based on census data consolidation was not based on census data when you
came up with a 5/5 deadline. We’re talking about consensus data so you’re mixing issues.
You’re talking apples and oranges. So today I just want to talk about the apples and that’s the
census data that required us to make a decision every ten years. It’s not something that we did
on our own or were mandated on our own. This is a federal mandate. What you saw was a
committee that worked extremely hard to do the job that you sent us down there to do. What you
saw was a series of maps come out of that based on open dialogue, public hearings and we had a
profession consultant to get the job done that this body by the way approved of unanimously.
The maps that were presented to us she stated could pass the test of time and were in fact could
pass the Department of Justice. One of the maps had a 67% black population in District 6 if
that’s what we’re talking about let’s just put it out on the table. The other one had 52. When we
got to dealing with the real issues as you recall Mr. Smith we were able to work together, break
up in two’s and three’s after a 3 ½ hour work session and we got the job done unanimously. This
vote could have been as it was so adequately articulated by Ms. Cooper I believe it was it could
have been any number of ways given the demographic makeup of this committee. We could’ve
went and voted on a map that had 67% and who knows what type of line that would’ve fell down
but it could’ve passed. And you could be looking at that today. But we extended an olive
branch and we began to negotiate and we came up with something that twelve out of twelve said
it was okay. We shook hands afterwards and everybody felt good about themselves and now
we’re here today. The hypocrisy I’m talking about is the fact that we had more than enough
12
opportunity to address the issues and we chose not to do that but we chose to go into little small
groups and address it and then bring it up here today. This is a recommendation we are not the
final say and I have no intent of going back to the drawing table unless the Department of Justice
tells me to. It does not stop here whether you vote for it today or not and it does move on. And
so at the end of the day the state can absolutely without question draw the map anyway they so
choose no matter what we do here today. So let’s keep this in proper perspective. We tried all
along not to make this into a racial divide and I’m happy to say that twelve people on November
th
29, 12-0 in favor of the map after 3 ½ hours of discussion. If I haven’t already made the motion
I’m going to move that we accept Plan 3 as was adopted by what you told us to go down and do.
And that is my motion on the table if there’s not already one there.
Mr. Lockett: Second.
Mr. Mayor Pro Tem: We have a motion and a second.
Mr. Mason: Okay?
Mr. Mayor Pro Tem: Commissioner Guilfoyle.
Mr. Guilfoyle: I just want to tell my colleague I did attend three of the meetings. Thank
you.
Mr. Mayor Pro Tem: We’ve got a motion on the table. Commissioner Aitken.
Mr. Aitken: With all due respect to my colleagues I respect all of you and you know
when we say things that is putting our colleague on the line I don’t think our city needs to see
that. You know we all have a right. We were elected by the people to serve the districts that
we’re on and I think we need to keep that in order. I think Commissioner that you were right in
the sense that the vote that was taken sent a strong message to the community in that. And my
hat’s off to you the committee that did work on that. It’s going to come down the pike just like
you mentioned. It’s going to go through the state than on up to Washington so I’m going to
support it. But I think as we look at this new year and how we interact with one another very,
very critical on how this city’s going to move in a direction that we all want to see us move in
that direction. So thank you, Mr. Chair, for that time.
Mr. Mayor Pro Tem: Commissioner Lockett.
Mr. Lockett: Thank you, Mr. Chair. As my colleague Commissioner Mason indicated
we have a very difficult task. We began with one group at the North Pole and another group at
the South Pole. We realized that we were in a majority in this particular case 7-5. But we
decided we were going to set a good example with good leadership in my colleague
Commissioner Mason. We were able to eliminate plans and come up with a final plan to make
revisions to that plan and get a unanimous vote on it. I only wish that this commission had the
same leadership so that we could discuss issues, get together and take a vote and at the end of the
day shake hands and go home. Thank you, Mr. Chairman.
13
Mr. Mason: I call for a roll call vote, Mr. Mayor Pro Tem.
Mr. Mayor Pro Tem: All right. Madam Clerk.
The Clerk: Yes, sir.
Mr. Mayor: We’ve got a motion and a second. It’s time to vote.
Mr. Lockett: Madam Clerk, read the motion, please.
The Clerk: The motion is to approve the Resolution adopting the recommendation of the
Ad Hoc Redistricting Committee for the redistricting of Commission Districts for Augusta,
Georgia. Mr. Aitken.
Mr. Aitken: Yes.
The Clerk: Mr. Bowles.
Mr. Bowles: No.
The Clerk: Mr. Brigham.
Mr. Brigham: No.
The Clerk: Mr. Guilfoyle.
Mr. Guilfoyle: No, ma’am.
The Clerk: Mr. Hatney.
Mr. Hatney: Yes.
The Clerk: Mr. Jackson.
Mr. Jackson: No.
The Clerk: Mr. Johnson.
Mr. Johnson: Yes.
The Clerk: Mr. Lockett.
Mr. Lockett: Yes.
The Clerk: Mr. Mason.
14
Mr. Mason: Yes.
The Clerk: Mr. Smith.
Mr. Smith: No.
Motion fails 5-5.
Mr. Mayor Pro Tem: On to item 22, Madam Clerk.
The Clerk:
ATTORNEY
22. Approve a resolution authorizing settlement of Allstate Subrogation Claim Number
0206930018SRT in the aggregate amount of Three Thousand, Six Hundred, Sixty-Seven
and Forth Cents)$3,667.40)
23. Approve a resolution authorizing settlement of Allstate Subrogation Claim Number
0206929977 SRT in the aggregate amount of One Thousand, Two Hundred, Fifty-Six and
Thirty-Three Cents ($1,256.33).
The Clerk: And I’ll ask the Attorney. Do you want to take item 22 and 23 together?
Why don’t you go ahead and address that.
Mr. MacKenzie: I’ll be happy to address both these items. These are companion items.
These are settlements with respect to a tree falling case that we’ve already discussed in Legal.
We just went ahead and put it straight on the agenda.
Mr. Jackson: Motion to approve.
Mr. Aitken: Second.
Mr. Mayor: We have a motion and a second. Vote by the usual signal.
Motion passes 10-0.
The Clerk:
ATTORNEY
24. Resolution authorizing the settlement of all claims by Christopher Sean Kersey in the
amount of one hundred fifty thousand dollars ($150,000); authorizing the Administrator to
disburse the amount one hundred fifty thousand dollars ($150,000); waiving Augusta,
Georgia Code of Ordinances sections in conflict for this instance only; and for other
purposes.
15
Mr. MacKenzie: I’d be happy to address that one as well. This is also a settlement. It’s
been discussed at length in a closed Legal meeting and it’s within the authority previously
approved by the Commission. I would look for a motion to approve.
Mr. Jackson: Move to approve.
Mr. Johnson: Second.
Mr. Hatney: Could I ask a question, please?
Mr. Mayor Pro Tem: Commissioner Hatney.
Mr. Hatney: The Clerk read down to instance only but there’s a colon there and it says
and for other purposes. Now what is the other purposes?
Mr. MacKenzie: The other purposes would be outlined in the resolution which is
attached to just show the terms and conditions of the settlement and the resolution itself. It’s
included in the resolution. Other purposes would be the terms of the resolution in that they
would waive all claims and all the stuff that’s included with the attachment.
Mr. Hatney: It might be good for you not to put other purposes down there if you’re
trying to get somebody’s support on something. It don’t sound good. It really, when you say
other purposes that’s a blank check because that’s what you’re after. Kind of help us out here
you know because this puts, this doesn’t say what you want. You know this says and for other
purposes. It sounds like you’re saying that this thing’s going to be waived this time in conflict of
its own instant only but then it says and for other purposes. It sounds like you’re going to be
doing it again without coming back to the Commission.
Mr. Hatney: Sure and if I may. The reason for that is often these include a number of
items. Instead of making the caption itself be extremely long we just put for other purposes
which are the purposes that are in the attached resolution.
Mr. Hatney: But is it asking too much to put those things in these things before we vote
on them?
Mr. MacKenzie: I’d be happy to put them in there if you like.
Mr. Hatney: Do you understand what I’m saying?
Mr. MacKenzie: Sure.
Mr. Hatney: I’d appreciate that. Probably nobody else it matters to but I just don’t like,
I’m scared of blanket votes.
Mr. Mayor Pro Tem: Commissioner Lockett.
16
Mr. Lockett: Thank you, Mr. Chairman. This is for the General Counsel. Mr. McKenzie
I think it might be advantageous to us especially monetary wise if we came up with the Sheriff’s
Department came up with a policy where off duty law enforcement officers we would not be
responsible for their conduct. That if they want to work off duty they can work in the form of a
security firm or something of that nature so if there are situations such as this that we’re not
having to use the taxpayer’s money to bail them out. I don’t know whether it’s possible, I don’t
know whether it’s been considered before but I think it’s something that we ought to at least talk
about.
Mr. McKenzie: Sure, I’m actually glad you raised that issue. There’s actually a specific
distinction between certain types of activity even if an officer is on private duty. If they engage
in certain behaviors that transfer their actions into public actions there’s a number of cases that
say that once they’re engaged in certain activities then they would receive the protection of
Worker’s Comp for the Sheriff. Any further discussion you’d probably want to talk about it in
Legal and I can talk to you separately on these cases.
Mr. Mayor Pro Tem: We’ve got a motion on the floor and a second. Vote by the usual
signal.
Mr. Mason, Mr. Lockett, Mr. Guilfoyle and Mr. Smith vote No.
Mr. Hatney abstains.
Motion fails 5-4-1.
LEGAL MEETING
A. Pending and Potential Litigation.
B. Real Estate.
C. Personnel.
Mr. Mayor Pro Tem: Madam Clerk, I believe there was an email by the General Counsel
indicating a need for a Legal meeting. If I could get a motion and second to go into Legal
session?
Mr. MacKenzie: That would be a motion to go into a closed Legal meeting to discuss
litigation and personnel.
Mr. Jackson: So moved.
Mr. Aitken: Second.
Mr. Mayor Pro Tem: Vote by the usual sign.
Mr. Mason votes No.
Motion carries 9-1.
[LEGAL MEETING]
17
Mr. Mayor Pro Tem: I’d like to call the meeting back to order.
26. Motion to authorize execution by the Mayor of the affidavit of compliance with
Georgia’s Open Meeting Act.
Mr. MacKenzie: I would entertain a motion to execute the closed meeting affidavit.
Mr. Jackson: So moved.
Mr. Johnson: Second.
Mr. Mayor: Motion and a second. All vote by the usual sign.
Mr. Mayor Pro Tem: Mr. MacKenzie, if possible one other item to reconsider. Okay, I’m
sorry.
Mr. Guilfoyle and Mr. Mason out.
Motion carries 8-0.
Mr. Mayor Pro Tem: Madam Clerk, I would entertain a motion to reconsider item 24.
Mr. Hatney: So moved.
The Clerk: Hold on a minute. Okay, sir.
Mr. MacKenzie: If I may, Mayor Pro Tem, that would be with the addition of the
additional words added to the item which would be as indicated in the resolution so that the last
clause would read, and for other purposes as indicated in the resolution.
The Clerk: Indicated in the resolution.
Mr. MacKenzie: Right.
Mr. Mayor: We have a motion and a second to reconsider. Now that we’re reconsidering
can I get? Ma’am?
The Clerk: Reconsider who?
Mr. Mayor Pro Tem: Oh we got to vote.
The Clerk: You made the motion ---
Mr. Brigham: I’ll second the motion.
The Clerk: Mr. Brigham, okay.
18
Mr. Mayor Pro Tem: This will be a motion to reconsider the item and then you can say
your language at the end of it and we can vote on it again. Correct?
The Clerk: Yes, we’ll go with that. Are you ready to vote?
Motion carries 8-0.
The Clerk: Now we need a motion to approve with your ---
Mr. Hatney: So moved.
Mr. Smith: Second.
Mr. Bowles: Motion and a second to approve item 24 with the addendum that the
Attorney ---
Mr. MacKenzie: The addition of the words “as indicated in the Resolution”.
Mr. Mayor Pro Tem: We’ve got a motion and a second. All vote by the usual sign.
Mr. Mason and Mr. Guilfoyle out.
Motion passes 8-0.
Mr. Mayor: And with no further business we stand adjourned.
[MEETING ADJOURNED]
Lena Bonner
Clerk of Commission
CERTIFICATION:
I, Lena J. Bonner, Clerk of Commission, hereby certify that the above is a true and correct copy
of the minutes of the Regular Meeting of the Augusta Richmond County Commission held on
December 6, 2011.
______________________________
Clerk of Commission
19
20